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2023 Supreme(Mad) 3311

M. S. RAMESH, M. NIRMAL KUMAR
Packiyaraj – Appellant
Versus
State, represented by Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.C.Mayilvahana Rajendran for M/s.P.Banu Prasath
For the Respondent: Mr.A.Thiruvadikumar Additional Public Prosecutor

JUDGMENT :

Judgment of the Court was delivered by M.S.RAMESH, J.

PRAYER: Appeal filed under Section 374(2) of CrPC, to set aside the judgment and conviction dated 11.09.2020 by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in Spl.S.C.No.191 of 2019 (Old Special Sessions Case No.6/2017) and acquit the appellant.

The appellant herein is the sole accused before the Special Court for Exclusive Trial of Cases under the POCSO Act, Thoothukudi, who has been convicted and sentenced to undergo life imprisonment for commission of an offence punishable under Section 5(i) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and to pay a fine of Rs.5000/-, in default, to undergo six months rigorous imprisonment. He is also sentenced to undergo rigorous imprisonment for three years for the offence under Section 506(ii) IPC and to pay a fine of Rs.3000/-, in default to undergo six months simple imprisonment, through a judgment passed in Special Sessions Case No.191 of 2019 dated 11.09.2020. This judgment is put under challenge in the present Criminal Appeal.

2. The brief case before the Trial Court as projected by the

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